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HQ 084166


August 4, 1989

CLA-2 CO:R:C:G 084166 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.1560

Richard Wortman, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, New York, 10017

RE: Reconsideration of NYRL 835615 of February 3, 1989

Dear Mr. Wortman:

This ruling is in response to your letter of April 7, 1989, on behalf of your client, Jones New York, requesting reconsideration of the classification in NYRL 835615 of a knit cardigan, style number 55568, as a suit-type jacket in subheading 6104.33.1000, HTSUSA.

FACTS:

The garment at issue, style 55568, is a long sleeved double breasted knit cardigan. It is made of 52 percent acrylic/48 percent lamb's wool double knit fabric. The garment consists of one back panel and two front panels. It has a full frontal opening secured by six buttons in a double breast styling, a low V-neck, shoulder pads, and three patched pockets--one breast pocket and two pockets at or below the waist. There are approximately ten stitches per two centimeters measured in the horizontal direction.

ISSUE:

Is the garment, style number 55568, classifiable under heading 6104, HTSUSA, as a suit-type jacket, or is it classifiable under heading 6110, HTSUSA, as an article similar to a sweater?

LAW AND ANALYSIS:

In HRL 082943 of November 29, 1988, discussed the definition of cardigans. Cardigans were defined as follows:

1. A sweater or knitted jacket opening down the front. Webster's II New Riverside University Dictionary, 1984, at 230. Also, American Heritage Dictionary, Second College Edition, 1982, at 240.

2. A knitted woolen jacket or sweater, collarless and open in front. The Random House College Dictionary, 1973, at 203.

3. A sweater style, usually a 3-button coat sweater with either a V or round neck. There are also cardigan jackets made of a woolen or worsted fabric. The Modern Textile and Apparel Dictionary, 1973, at 79. [Bold added]

Additionally, in Mary Picken's The Fashion Dictionary (1973), a cardigan sweater is defined as:

Unfitted, collarless sweater of knitted material, buttoning in the front and having long sleeves or no sleeves. Adapted from jacket of same name.

The definitions of a cardigan serve only to show that a cardigan may be a sweater, or may be a jacket. Cardigan refers to the styling of the garment; it is not dispositive as to its classification.

The garment at issue, however, is more similar to a sweater than a jacket. If the stitches were not quite as fine, i.e. 9 or less stitches per 2 centimeters, the garment would be classifiable at the statistical level as a sweater. More importantly, the garment's fabric and styling are more akin to that of sweaters than of jackets. The initial impression of the garment is that it is a sweater and will be worn as such. Therefore, it is properly classified under the provision for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, heading 6110, HTSUSA.

HOLDING:

The garment at issue, style number 55568, is classified as an article similar to a sweater in subheading 6110.30.1560, HTSUSA, textile category 438, dutiable at 17 percent ad valorem.

NYRL 835615 of February 3, 1989, is hereby modified as regards the classification of style number 55568. This action is taken pursuant to 19 CFR 177.9(d).

Your sample will be returned, as requested, under separate cover.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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